Legal Help Desk

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Workplace

Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?

NO

Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?

YES

Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?

NO

Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

In 2011, Gov. John Kasich passed executive order 2011-05K prohibiting discrimination in public employment based on sexual orientation.

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.

HIV & Healthcare

Does the state explicitly ban transgender exclusions in health insurance?

NO

Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?

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Does this state have an HIV criminalization law?

YES, Ohio has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct, and the statute explicitly includes very low or no-risk sexual activities. A violation of this statute is classified as a felony.

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Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in this state in recent years?

YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Ohio. In fact, Ohio is considered aggressive in pursuing such prosecutions, because at least 5 such prosecutions have taken place over the last 5 years.

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Does this state have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

YES, Ohio also has laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, despite the fact that none of these activities presents any real risk of HIV transmission.

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Does this state have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

YES, Ohio also has laws that enhance punishments for HIV-positive people involved in commercial sexual transactions. It is difficult to obtain accurate data on how often these laws are utilized in Ohio, but there is growing evidence that in general these types of laws targeting sex workers are used much more frequently than other types of HIV criminalization laws.

Relationships

Does the state recognize marriages of same-sex couples from other jurisdictions?

NO

Does the state offer any other type of relationship recognition for same-sex couples?

Now that the Supreme Court has ruled in favor of marriage equality, state and local officials can and should stop enforcing their marriage bans immediately. But it is possible that officials in some places may not start allowing couples to marry until the federal courts issue orders directly prohibiting them from enforcing their state or territory’s marriage ban. Federal lawsuits have been brought in all states that continue to enforce their marriage bans as well as in Puerto Rico, and we expect attorneys in those cases to promptly ask the courts to issue injunctions or to take other steps now that the Supreme Court has ruled. We know from experience, however, that this process can take a different amount of time in each jurisdiction depending on how quickly the courts move and how much government officials attempt to drag out the process. The process could be resolved as quickly as within a matter of days or it could take a bit longer depending on the particular jurisdiction.